DCC 232/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
10 Jan 2005
Catchwords
Expert – Litigants – Defend their interests – Null and void – Both parties – Content of the report – Appealed judgment – Validity – Claimant Evidence – Appellant – Breach of the law – Right of the defence
The expert must invite the litigants to meet with him prior to the proceedings, to enable them to defend their interests, or his evidence will be considered null and void. If the court returns the case to the expert he must then invite both parties in the case to attend a meeting once more so that both parties are clear on the content of the report. To consider the appealed judgment regarding the validity of expert report because he met only with the claimant and there is no evidence that he invited the appellant to meet with him which is a breach of the law and prejudices right of the defence.
Pursuant to the perusal of the documents, and the reading of the summary report by the judge of the court, and after deliberation,
Whereas the cassation has fulfilled all formal conditions, and